---
title: "Check the permit and notices before entry onto private land"
url: "https://ailawframework.com/practice/energy-resources-and-mining/check-the-permit-and-notices-before-entry-onto-private-land"
type: "task"
site: "AI Law Framework"
id: "A13-PU20261022-12"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check the permit and notices before entry onto private land

> From the permit, the title search and the entry notes, list the permit's issue date and the date 30 days later, and whether a tenement application has since been lodged.…

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/check-the-permit-and-notices-before-entry-onto-private-land  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Energy, Resources & Mining](https://ailawframework.com/practice/energy-resources-and-mining.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the permit, the title search and the entry notes, list the permit's issue date and the date 30 days later, and whether a tenement application has since been lodged. List the date of first entry, and whether a copy was handed to the occupier or, if the occupier was absent, left at the dwelling or the main entrance and sent by registered post within 48 hours. List whether a copy was sent within 48 hours to an owner who is not in occupation. Note any sample which, with other samples, is above 13 kilograms. Do not write the permit application. |
| What the lawyer must review | The lawyer decides whether entry was authorised and writes any permit application. The private-land provisions brochure, marked revised as at 2 September 2014, states that no person other than the owner in occupation may search for minerals on private land without a permit to enter issued by a mining warden, under section 28 of the Mining Act 1978. Form 2 is lodged with a map and the prescribed fee under sections 30(1) to 30(4) and regulation 5. The term must not exceed 30 days. The permit authorises entry, searching, marking out, and removal of samples of a vein or lode outcropping on the surface up to 13 kilograms in aggregate unless the owner or occupier authorises more. It does not authorise mining or other disturbance of the surface. If the holder marks out and applies for a tenement, section 30(3) continues the permit only so the marks and posted notices can be repaired or maintained until the application is determined. Section 31 requires the permit to be handed to the occupier on the first entry or, if the occupier is absent, left at the dwelling or main entrance and sent by registered post within 48 hours. Where no owner is in occupation, a copy is sent by prepaid registered post within 48 hours to a registered office or the last known place of abode or business. The brochure uses an earlier department name. The lawyer confirms the current form and fee before lodgement. This task is not the land-access and compensation agreement. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the file and leave the decision to the lawyer.

- What the AI does: From the permit, the title search and the entry notes, list the permit's issue date and the date 30 days later, and whether a tenement application has since been lodged. List the date of first entry, and whether a copy was handed to the occupier or, if the occupier was absent, left at the dwelling or the main entrance and sent by registered post within 48 hours. List whether a copy was sent within 48 hours to an owner who is not in occupation. Note any sample which, with other samples, is above 13 kilograms. Do not write the permit application.
- What the lawyer does: The lawyer decides whether entry was authorised and writes any permit application. The private-land provisions brochure, marked revised as at 2 September 2014, states that no person other than the owner in occupation may search for minerals on private land without a permit to enter issued by a mining warden, under section 28 of the Mining Act 1978. Form 2 is lodged with a map and the prescribed fee under sections 30(1) to 30(4) and regulation 5. The term must not exceed 30 days. The permit authorises entry, searching, marking out, and removal of samples of a vein or lode outcropping on the surface up to 13 kilograms in aggregate unless the owner or occupier authorises more. It does not authorise mining or other disturbance of the surface. If the holder marks out and applies for a tenement, section 30(3) continues the permit only so the marks and posted notices can be repaired or maintained until the application is determined. Section 31 requires the permit to be handed to the occupier on the first entry or, if the occupier is absent, left at the dwelling or main entrance and sent by registered post within 48 hours. Where no owner is in occupation, a copy is sent by prepaid registered post within 48 hours to a registered office or the last known place of abode or business. The brochure uses an earlier department name. The lawyer confirms the current form and fee before lodgement. This task is not the land-access and compensation agreement.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm a warden's permit was in force on the day of entry, and that its term is not treated as longer than 30 days unless an application keeps it alive only for the marks.
2. Check service on the occupier on first entry, and registered post within 48 hours where the occupier was absent or the owner is not in occupation.
3. Confirm the permit is not treated as authority to mine, and that any application for a permit is the lawyer's.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Private land provisions brochure, Mining Act guidelines, marked revised as at 2 September 2014](https://www.wa.gov.au/system/files/2025-03/minerals-information-brochures-private_land_provisions-4.pdf) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/energy-resources-and-mining/check-the-permit-and-notices-before-entry-onto-private-land/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*